State ex rel. Fant v. Mengel

Ohio Supreme Court
State ex rel. Fant v. Mengel, 62 Ohio St. 3d 197 (Ohio 1991)
580 N.E.2d 1085; 1991 Ohio LEXIS 2870
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

State ex rel. Fant v. Mengel

Opinion of the Court

Per Curiam.

Before mandamus can issue, relator must establish he has a clear legal right to the relief requested. State, ex rel. Fant, v. Sykes (1986), 28 Ohio St.3d 90, 28 OBR 185, 502 N.E.2d 597. The Public Records Act, R.C. 149.43, does not require that a public office create new documents to meet a requester’s demand. State, ex rel. Scanlon, v. Deters (1989), 45 Ohio St.3d 376, 544 N.E.2d 680. Accordingly, the court of appeals correctly granted appellees’ motion for summary judgment.

The court of appeals also correctly denied appellant’s motion to assess costs since the complaint lacked any merit. Also, pro se litigants are not entitled to attorney fees under R.C. 149.43. See Fant v. Bd. of Trustees, Regional Transit Auth. (1990), 50 Ohio St.3d 72, 552 N.E.2d 639.

The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Reference

Full Case Name
The State, ex rel. Fant v. Mengel, Cler
Cited By
28 cases
Status
Published